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BKt 3558 PG: 1776 <br />IF <br />Datapath Easement. Thereafter, the Springing Easement shall be a part of and included in all references <br />to the Easement. In the event the Recorded Datapath Easement is terminated, then Grantee shall <br />maintain the Springing Easement (or use commercially reasonable efforts to enforce the obligation of <br />the Collocator under any Collocator's lease that requires such Collocator to maintain the Springing <br />Easement.) Grantor shall permit Grantee, each Collocator, and any of their affiliates, customers, <br />tenants, subtenants, lessees, sublessees, licensees, successors and/or assigns together with any of the <br />employees, contractors, consultants, and or agents of the foregoing to use the Easement for the <br />installation, construction, operation, maintenance, repair, modification, relocation, replacement and <br />removal of improvements and equipment, including, without limitation, equipment shelters and/or <br />cabinets and related cables and utility lines and a location based system, coaxial cable, base units and <br />other associated equipment (`Equipment") necessary for the facilitation of telecommunications, radio <br />and television broadcasting and other related uses ("Permitted Use"). Grantor represents that there is <br />no pending or threatened action that would adversely affect Grantor's ability to enter into this <br />Agreement or grant the Easement and that entering into this Agreement will not violate or conflict with <br />any provision of Grantor's organizational documents (if Grantor is an organization) or conflict with the <br />provisions of any agreement to which Grantor is a party. Grantor further represents and warrants that <br />Grantee shall have peaceful and quiet possession and enjoyment of the Easement during the term of <br />this Agreement without any disturbance of Grantee's possession or Permitted Use hereunder. <br />3. Term. Commencing on the Effective Date, the term of this Agreement and the Easement shall be for a <br />term of fifteen (15) years and this Agreement and the Easement shall terminate on <br />Tuly 21 2037 (the "Term"). Upon notice to Grantor as provided herein, Grantee <br />may surrender the Easement to Grantor and execute such documents reasonably required to terminate <br />the Agreement and the Easement. Grantor may not unilaterally terminate the Agreement or Easement. <br />Sections 11 and 12 shall survive expiration or termination of this Agreement and shall remain in effect <br />in perpetuity, subject to applicable law. <br />4. Right of Collocation. Pursuant to this Agreement, Grantee is permitted and authorized to enter into <br />Collocation Agreements with one or more additional Collocators within the Easement. Except as <br />provided herein, Grantee agrees to assume all of lessor's rights and obligations under each Collocation <br />Agreement. If Collocator is obligated under each Collocation Agreement to pay to Grantor any fees <br />(other than base rent and any escalations thereto) for the purpose of utility service or access or tax <br />reimbursement, Grantor shall continue to be entitled to such fees, although Grantee may collect and <br />distribute same to Grantor. Grantor shall continue to perform all obligations of the lessor under each <br />Collocation Agreement which relate to the use, ownership, and maintenance of the Parent Property so <br />that Grantee may fulfill all the obligations under each Collocation Agreement without breaching any <br />provision therein, including, but not limited to, Grantor maintaining the Parent Property in a <br />commercially reasonable condition to allow the Permitted Use of the Easement. Notwithstanding the <br />foregoing, Grantor shall not be required to make any improvements to the Parent Property and the <br />Parent Property is acknowledge by both parties to be in a commercially reasonable condition to allow <br />the Permitted Use of the Easement as of the Effective Date. <br />5. Collocation Rent Sharing. When a Collocator executes a lease for space within the Easement and <br />commences rent payment, Grantee will collect such rent with Grantee retaining fifty percent (50%) of <br />the rent collected and Grantee remitting fifty percent (50%) of the rent collected to Grantor. Grantor <br />shall have the right to review and approve construction plans for each Collocator prior to <br />commencement of construction and such approval shall not be unreasonably conditioned, delayed or <br />withheld and such approval shall be without further compensation to Grantor. Approval shall be <br />deemed given by Grantor where Grantor has failed to respond within one hundred twenty (120) days <br />of notice as provided herein. <br />Asset File N: TwPA0036305 Page 2 of 14 <br />